INDULEKHA Vs. THE GOVERNMENT OF KERALA,

JUDGEMENT

(1.) THE petitioner, a woman aged 22 years has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce her minor daughter Niranjana, aged three years - she having been born admittedly on 20.5.2006. According to the petitioner, there is some disputes and disagreement between her and her husband, the 4th respondent herein. The said proceedings are pending before the Family Court. On 7.8.2009, it is the grievance of the petitioner that the 4th respondent had forcibly taken away the child from her custody from the premises of the Family Court, Thiruvananthapuram. The whereabouts of the child were not known thereafter and it is in these circumstances that she has come to this Court with this petition. According to her, she had filed O.P. No. 887/2009 before the Family Court for the custody of the child on the 11th August, 2009 and that case is pending

(2.) THIS petition was filed on 28.8.2009. The same was admitted on that date and notice was ordered to the respondents.

(3.) WE are in these circumstances satisfied that the three year old child Niranjana can be handed over to the petitioner as agreed by the parents of the 4th respondent who have brought the child to Court today.